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VICTORY Is Not Defeat

Its Shari’ah, Stupid #3


This is the third in a series of posts quoting fiqh from a censored forum. The text of the Jihad Violence thread has been preserved in a .chm (163.4KB) file which you can download here. It is among the resources in the expanded library at Crusader’s Armory.

al-Shafi’i, d. 820, founder of shafi’i school. al-Imam Muhammad ibn Idris al-Shaf’i’s al-Risala fi us ul al-fiqh, transl. Majid Khadduri, al-Imam Muhammad ibn Idris al-shaf’i’s al-risala fi us ul al-fiqh: Treatises on the Foundations of Islamic jurisprudence (Cambridge 1997), p. 82-7.


These communications (9:112, 9:36, 9:5, 9:29, 9:38-9, 9:41) mean that the jihad, and rising up in arms in particular, is obligatory for all able-bodied [believers], exempting no one, just as prayer, pilgrimage and [payment of] alms are performed […] They may also mean that the duty of [jihad] is a collective (kifaya) duty different from that of prayer: Those who perform it in the war against the polytheists will fulfil the duty and receive the supererogatory merit, thereby preventing those who stayed behind from falling into error. […]

If all men failed to perform the duty so that no able-bodied man went forth to battle, all I am afraid, would fall into error.


“Rising up in arms” is not consistent with defensive fighting; it implies aggressive Jihad.  Defensive fighting, when Dar ul-Islam is invaded, is fard ayn: an obligation binding upon all able bodied Muslims individually. Aggressive Jihad is fard kifaya. Refer to Reliance of the Traveller, O9.1 & O9.3.

“If all men failed to perform the duty so that no able-bodied man went forth to battle, all I am afraid, would fall into error.”
Jihad is an obligation; it must be done according to Allah’s commands. What commands? Those cited in the Shari’ah.

  • 9:5. Then when the Sacred Months (the Ist, 7th, 11th, and 12th months of the Islamic calendar) have passed, then kill the Mushrikun (see V.2:105) wherever you find them, and capture them and besiege them, and prepare for them each and every ambush. But if they repent and perform As-Salat (Iqamat-as-Salat), and give Zakat, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful.
  • 9:29Fight against those who (1) believe not in Allah, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allah and His Messenger (4) and those who acknowledge not the religion of truth (i.e. Islam) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued.
  • 9:36. Verily, the number of months with Allah is twelve months (in a year), so was it ordained by Allah on the Day when He created the heavens and the earth; of them four are Sacred, (i.e. the 1st, the 7th, the 11th and the 12th months of the Islamic calendar). That is the right religion, so wrong not yourselves therein, and fight against the Mushrikun (polytheists, pagans, idolaters, disbelievers in the Oneness of Allah) collectively , as they fight against you collectively. But know that Allah is with those who are Al-Muttaqun (the pious – see V.2:2).
  • 9:38. O you who believe! What is the matter with you, that when you are asked to march forth in the Cause of Allah (i.e. Jihad) you cling heavily to the earth? Are you pleased with the life of this world rather than the Hereafter? But little is the enjoyment of the life of this world as compared with the Hereafter.
  • 9:39. If you march not forth, He will punish you with a painful torment and will replace you by another people, and you cannot harm Him at all, and Allah is Able to do all things.
  • 9:41.March forth, whether you are light (being healthy, young and wealthy) or heavy (being ill, old and poor), strive hard with your wealth and your lives in the Cause of Allah. This is better for you, if you but knew.
  • 9:112. (The believers whose lives Allah has purchased are) those who repent to Allah (from polytheism and hypocrisy, etc.), who worship Him, who praise Him, who fast (or go out in Allah’s Cause), who bow down (in prayer), who prostrate themselves (in prayer), who enjoin (people) for Al-Ma’ruf (i.e. Islamic Monotheism and all what Islam has ordained) and forbid (people) from Al-Munkar (i.e. disbelief, polytheism of all kinds and all that Islam has forbidden), and who observe the limits set by Allah (do all that Allah has ordained and abstain from all kinds of sins and evil deeds which Allah has forbidden). And give glad tidings to the believers.

The last listed, 112, must be understood in the context of its immediate predecessor.

  • 9:111. Verily, Allah has purchased of the believers their lives and their properties; for the price that theirs shall be the Paradise. They fight in Allah’s Cause, so they kill (others) and are killed. It is a promise in truth which is binding on Him in the Taurat (Torah) and the Injeel (Gospel) and the Qur’an. And who is truer to his covenant than Allah? Then rejoice in the bargain which you have concluded. That is the supreme success .

What do believers do and why?

What will Allah do to them if they do not join the Jihad?

  • Inflict painful punishment {Cast them into Hell.}
  • replace them with someone else.

January 7, 2009 Posted by | Religion of Peace | , , , , , , , | Leave a comment

Its Shari’ah, Stupid #2


al-Shaybani, d. 803 / 5, Hanafi. Siyar, transl. Majid Khadduri, The Islamic Law of Nations: Shaybani’s Siyar (Baltimore 1966), p. 76-7, 87, 95-6, 100-1.


Fight in the name of God and in the ”path of God” [i.e. truth]. Combat [only] those who disbelieve in God. Whenever you meet your polytheistic enemies, invite them [first] to adopt Islam. If they do so, accept it, and let them alone. […] If they refuse [to accept Islam], then call upon them to pay the jizya; if they do, accept it and leave them alone. If you besiege the inhabitants of a fortress or a town and they try to get you to let them surrender on the basis of God’s judgment, do not do so, since you do not know what God’s judgment is, but make them surrender to your judgment and then decide their case according to your own views.

This is obviously derived from Muslim Book 019, Number 4294. It is Islamic law from the Hanafi school. It ain’t peaceful, it is aggressive.

January 7, 2009 Posted by | Uncategorized | Leave a comment

Islam: War Cult


Another target rich comment too good to pass up.

https://snooper.wordpress.com/2007/10/01/myth-vs-fact-118/#comment-2308

Comment by navedz | January 6, 2009

Islam is a religion of PEACE. It doesn’t teach us to kill unlike other religions. Muslims start their greetings with “As-salaam-wa Alaikum Wa Rahmatu Allah Wa Barakatuh”, which means in English “May GOD’s peace, mercy and blessings be upon you.”

Allah states: “Whoever kills a human being… then it is as though he has killed all mankind; and whoever saves a human life it is as though he had saved all mankind.”

No one probably ever heard of such a stunning message of peace, which considers killing just one person (be it innocent or not) tantamount to killing the entire humanity? Now the doubters should not have any more skepticism about Muslim’s claim that “Islam is a religion of peace”.

The unjustified criticisms of and spitting venoms at Islam by the hateful Islam-bashers got to stop now..

Navedz attached his comment to Myth vs Fact #118, reproduced here.

Myth Fact
Islam: Religion of peace. 33:26-27 And those of the people of the Scripture who backed them (the disbelievers) Allah brought them down from their forts and cast terror into their hearts, (so that) a group (of them) you killed, and a group (of them) you made captives. And He caused you to inherit their lands, and their houses, and their riches, and a land which you had not trodden (before). And Allah is Able to do all things.
Tafsir Allah drove back the Confederates disappointed and lostThe Campaign against Banu Qurayzah

Examine the other texts mentioning that conquest:

What did the Muslims do? They invaded, terrorized, killed, enslaved & plundered. After the men surrendered, Moe had their heads cut off. He had the boys examined; those who reached puberty were decapitated, the juveniles were sold as slaves.

  • Islam is a religion of PEACE
  • It doesn’t teach us to kill unlike other religions.
  • Muslims start their greetings with “As-salaam-wa Alaikum Wa Rahmatu Allah Wa Barakatuh”, which means in English “May GOD’s peace, mercy and blessings be upon you.”
    • That is how they greet Muslims. As for greeting Kuffar, see: XDIII. People of the Book {Aisha Bewley’s translation of Bukhari’s Book of Adab} For the benefit of those too indolent to click a link I offer a similar hadith from Abu Dawud’s collection. Book 41, Number 5186:
      Narrated AbuHurayrah:

      Suhayl ibn AbuSalih said: I went out with my father to Syria. The people passed by the cloisters in which there were Christians and began to salute them. My father said: Do not give them salutation first, for AbuHurayrah reported the Apostle of Allah (peace_be_upon_him) as saying: Do not salute them (Jews and Christians) first, and when you meet them on the road, force them to go to the narrowest part of it.

  • Allah states: “Whoever kills a human being… then it is as though he has killed all mankind; and whoever saves a human life it is as though he had saved all mankind.”
    • The quote is from Surah Al-Ma’idah 32. Of course, Muslims don’t like to quote the next ayeh to Kuffar. But I like to, and I like to cite Ibn Kathir’s tafsir of 5:32.
      • The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter.
      • What is the meaning of “wage war against Allah”? Ibn Kathir gives an explicit answer: `Wage war’ mentioned here means, oppose and contradict, and it includes disbelief, blocking roads and spreading fear in the fairways.. Notice the phrase I emphasized. disbelief is one of the definitions of waging war, which subjects one to the specified hudud.
  • No one probably ever heard of such a stunning message of peace, which considers killing just one person (be it innocent or not) tantamount to killing the entire humanity?
    • The catch is: only if that person is a Muslim! The parenthetical ‘or not’ is totally bogus. Islam does not recognize the sanctity of life of Kuffar
      • And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us[Bukhari 1.8.387].
  • Now the doubters should not have any more skepticism about Muslim’s claim that “Islam is a religion of peace”.
    • We are not in doubt; we know blessed well that Islam is a war cult, not a religion of peace. I have published 490 excerpts from Islam’s canon of scripture, tradition & jurisprudence which leave no doubt. Those texts form a congruent pattern of unmistakable clarity.
  • The unjustified criticisms of and spitting venoms at Islam by the hateful Islam-bashers got to stop now..
    • Criticism of Islam is not unjustified. A trail of blood & tears; the bones of millions of innocent victims from Medina to Mumbai testify to this fatal fact. Those of us who understand Islam; who have read its revelation, tradition & exegeses will not be silent. Morality demands that we share our knowledge with others less informed.

Further confirmation is found in Shari’ah. Reliance of the Traveller is recognized as authentic by Al-Azhar. Book O, Chapter 9 defines Jihad, tells us how frequently it must be performed and against whom. This is Islamic law, and it condemns the war cult in the eyes of all sentient persons with a scintilla of morality.

  • Chapter O9.0: Jihad

    (O: Jihad means to war against non-Muslims, and is etymologically derived from the word mujahada signifying warfare to establish the religion. [Refer to translator’s notes to 2:190.]

  • O9.1 : The Obligatory Character of Jihad

    As for subsequent times, there are two possible states in respect to non-Muslims.

    The first is when they are in their own countries, in which case jihad (def: o9.8) is a communal obligation, and this is what our author is speaking of when he says, “Jihad is a communal obligation,” meaning upon the Muslims each year.

  • O9.8: The Objectives of Jihad

    The caliph (o25) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax (jizya, def: o11.4) -which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (O: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (O: in accordance with the word of Allah Most High,

    “Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His messenger have forbidden-who do not practice the religion of truth, being of those who have been given the Book-until they pay the poll tax out of hand and are humbled” (Koran 9.29),

    the time and place for which is before the final descent of Jesus (upon whom be peace). After his final coming, nothing but Islam will be accepted from them, for taking the poll tax is only effective until Jesus’ descent (upon him and our Prophet be peace), which is the divinely revealed law of Muhammad. The coming of Jesus does not entail a separate divinely revealed law, for he will rule by the law of Muhammad. As for the Prophet’s saying (Allah bless him and give him peace),

    “I am the last, there will be no prophet after me,”

    this does not contradict the final coming of Jesus (upon whom be peace), since he will not rule according to the Evangel, but as a follower of our Prophet (Allah bless him and give him peace) ).

  • O9.9

    The caliph fights all other peoples until they become Muslim (O: because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax (jizya) ) (n: though according to the Hanafi school, peoples of all other religions, even idol worshippers, are permitted to live under the protection of the Islamic state if they either become Muslim or agree to pay the poll tax, the sole exceptions to which are apostates from Islam and idol worshippers who are Arabs, neither of whom has any choice but becoming Muslim (al-Hidaya sharh Bidaya al-mubtadi’ (y21), 6.48-49) ).

Jihad is defined as fighting Kuffar to establish Islam. It’s minimal requirement is one military expedition per year. It is carried out against people of the book until they are subjugated & extorted and against all other people until they are converted. That is not my opinion, it is Islamic law derived from Qur’an & Sunnah as applied by the Shafi’ite school. Which mainstream Madh’hab rejects it? What does the Hanafi school say?

Sheikh Burhanuddin Ali of Marghinan, d. 1196, hanafi. The Hidayah, cit. ur T.P. Hughes, A Dictionary of Islam (London 1895/1994), s. 244-5.

The destruction of the sword is incurred by infidels, although they be not the first aggressors, as appears from various passages in the traditions which are generally received to this effect. […] When the Muslims enter the enemy’s country and besiege the cities or strongholds of the infidels, it is necessary to invite them to embrace the faith, because Ibn Abbas relates of the Prophet that he never destroyed any without previously inviting them to embrace the faith. If, therefore, they embrace the faith, it is unnecessary to war with them, because that which was the design of the war is then obtained without war. […] If the infidels, upon receiving the call, neither consent to it nor agree to pay capitation tax, it is then incumbent on the Muslims to call upon God for assistance, and to make war upon them […]


How about the more pacifist Sufi? What did Al-Ghazali say?

al-Ghazali, d. 1111, shafi’i, sufi. Kitab al-Wagiz fi fiqh madhab al-imam al-Safi’i (Beirut 1979), s. 186, 190-1, 199-200, 202-3, övers. Michael Schub.

One must go on jihad (i.e. warlike razzias or raids) at least once a year […] one may use a catapult against them [non-Muslims] when they are in a fortress, even if among them are women and children.
  1. Ibn Kathir’s Tafsir uses ayat & hadith to explain the meanings of ayat. Allah’s imperatives are contained in clear verses, requiring no explanation. The following list consists of the titles of several tafsir which explain Allah’s commands & orders to fight. These titles are linked to the tafsir; click them, read and understand how peaceful islam ain’t.

January 7, 2009 Posted by | Religion of Peace | 1 Comment

   

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